5.  The applicant was born in 1950 and lives in Izmir.
6.  On 8 July 2001 at about 11 a.m., the applicant was arrested in Nusaybin by policemen from the Anti-Terrorism Department of the Nusaybin Security Directorate on suspicion of being a member of the illegal PKK (the Kurdistan Workers’ Party). He was handcuffed and taken to the Security Directorate Building.
7.  The same day, the applicant was taken to the Nusaybin Hospital where he was examined by a doctor. No signs of injury were found on his body.
8.  The applicant was blindfolded and interrogated in the security directorate. During his interrogation, the applicant was allegedly beaten, insulted, hosed with pressurised water, given electric shocks and raped with a truncheon.
9.  On 10 July 2001 the applicant was once again examined by a doctor and no signs of ill-treatment were found on his body.
10.  The same day at about 7 p.m., the applicant was handed over to the Izmir Security Directorate for further investigations. During his detention in Izmir, the applicant was allegedly blindfolded, insulted and threatened with ill-treatment.
11.  On 13 July 2001 the applicant was taken to the Atatürk Hospital, where he was examined by a doctor. In his report, the doctor noted the presence of an old bruise, measuring 1x1 cm, on the front part of the applicant’s left arm and another bruise, measuring 1x1 cm, on the front part of his right arm.
12.  Subsequently, on the same day, the applicant was taken before the investigating judge at the Izmir Magistrate’s Court, who ordered his detention on remand. Before the judge, the applicant complained that he had been ill-treated during his police custody in Nusaybin.
13.  On 17 July 2001 the applicant filed an objection against the remand decision. In his petition, the applicant maintained that he had been ill-treated during his detention.
14.  On 14 August 2001 the Izmir State Security Court Public Prosecutor initiated criminal proceedings against the applicant in the Izmir State Security Court, accusing him of being a member of an illegal organisation.
15.  During the first trial, which was held on 18 October 2001, the applicant repeated his allegations of ill-treatment. Upon the order of the court, the Izmir Public Prosecutor initiated an investigation into the applicant’s allegations.
16.  On 16 November 2001 Mr M.Ç., a police officer from the Anti-Terrorism Department acting as a rapporteur, submitted his report to the Izmir Security Department. He advised that no proceedings be initiated against the accused police officers as the applicant’s allegations were unsubstantiated. The rapporteur further contended that the accusations were deceitful and were part of a scenario used by the terrorist organisation to dishonour the fight against terrorism.
17.  On 27 November 2001 the İzmir Public Prosecutor concluded that the applicant’s allegations concerning his police custody in Nusaybin should be separated from the file. He accordingly transferred this part of the case to the Nusaybin Public Prosecutor for further investigation. On the same day, the prosecutor further decided that no prosecution should be brought against the accused police officers as there was insufficient evidence in support of the applicant’s allegations.
18.  On 12 December 2001 the applicant appealed against this decision. He requested a detailed medical examination to prove that he had been ill-treated in custody. On 19 February 2002 the Karşıyaka Assize Court dismissed his appeal, upholding the reasoning of the Izmir public prosecutor.
19.  On 29 January 2002 the Nusaybin Public Prosecutor took statements from the two doctors who had examined the applicant on the first and last days of his custody in Nusaybin. Mr Ramazan Kaya, who had drafted the first medical report dated 8 July 2001, explained to the prosecutor that there had been no signs of ill-treatment on the applicant’s body. The second doctor, Ms Sevda Mecit, also stated that she had examined the applicant and asked him whether he had any complaints. In the absence of any finding, she had drafted the medical report dated 10 July 2001.
20.  Between 4 February 2001 and 6 March 2002, the eight police officers, who had been involved in the applicant’s arrest and interrogation, gave statements to the public prosecutor. They all refuted the allegations against them and stated that they had not ill-treated the applicant.
21.  On 1 March 2002 the Nusaybin Public Prosecutor delivered a decision of non-prosecution. In his decision, the prosecutor referred to the two medical reports dated 8 July 2001 and 10 July 2001, which indicated that there were no signs of ill-treatment on the applicant’s body. Consequently, the prosecutor found the applicant’s allegations to be unsubstantiated.
22.  On 25 July 2002 the applicant appealed against this decision. He requested a detailed medical examination to prove his allegations.
23.  On 7 August 2002 the Mardin Assize Court rejected the applicant’s appeal.